1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

The plaintiff is a student attending the second year of D Middle School (hereinafter referred to as the "School of this case").

On April 8, 2019, in relation to the school violence case that occurred in the instant school on March 22, 2019, the Defendant: (a) taken measures against the Plaintiff on the ground that the Plaintiff participated in the process of causing the victim F (hereinafter “victim”) who was the first grade student of the instant school, including E, in the course of leading the victim F (hereinafter “victim”); (b) pursuant to Article 17(1)1 and 3 of the former Act on the Prevention of and Countermeasures against School Violence (Amended by Act No. 16441, Aug. 20, 2019; hereinafter “former School Violence Prevention Act”), three days of service at the school (hereinafter “instant disposition”).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, and the whole purport of the pleading are as shown in the attached Form of the relevant Acts and subordinate statutes.

According to Article 13(1) of the former School Violence Prevention Act (hereinafter “instant provision”), the Autonomous Committee on Countermeasures against School Violence (hereinafter “Autonomous Committee”) shall be comprised of not less than five but not more than ten members, including one chairperson, and a majority of the total members shall be commissioned as representatives of parents directly elected at the parents’ plenary meeting.

However, on March 8, 2019, the instant school publicly announced the election of members representing parents of the autonomous committee, but on the 13th of the same month, it publicly announced that all candidates were elected without voting without voting, on the ground that the candidates for members representing parents of the parents association were the same as the number of members.

Therefore, since the autonomous committee cannot be seen as legally constituted according to the former Act on the Prevention of School Violence, the resolution of the autonomous committee, which is a premise for the disposition of the instant case, has procedural defects.

Judgment

The clause of this case is not less than five but not more than 10 persons, including one chairperson.